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Book I Diplomacy in General, 4 The State: Its Concept as a Legal Person in International Law

Hazel Fox

From: Satow's Diplomatic Practice (7th Edition)

Edited By: Sir Ivor Roberts

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 31 March 2023

Diplomatic missions — Diplomatic relations — Sovereignty — Statehood, legitimacy — Rule of law — Territoriality — Governments

This chapter addresses the State as the prime actor in the conduct of diplomacy and examines the State’s status as a legal person as defined by international law. To understand the role of the State in international affairs, it is essential to appreciate that it is both a maker and a subject of international law. It has been and continues to be instrumental in the formation of public international law. The chapter thus presents four topics to explain the nature and scope of the powers and activities of the State in international affairs. These are: the qualifications for statehood, recognition of the State as a member of the international community, the State compared to an international organization as a legal person and other entities having lesser rights in international law, and sovereignty as an attribute of the State.

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